Res 2007-159 - Laserfiche WebLink

Home Browse Search

Section 23.10. Number and Gender. Whenever herein the singular number is used, the same shall include the plural, and words of any gender shall include each other gender. Section 23.11. Successors. The terms, provisions and covenants contained in this Lease shall apply to and inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest and legal representatives, except as otherwise herein expressly provided. Section 23.12. Brokers. Tenant warrants that it will hold Landlord harmless from any claim from any broker in connection with the negotiation or execution of this Lease, other than brokers having a written contract with Landlord. Section 23.13. Late Charges and Interest on Late Payments. In the event any installment of guaranteed rental, percentage rental or any other sum payable hereunder by Tenant to Landlord under the provisions of this Lease is not received by Landlord from Tenant within five (5) days of the date it is due and payable, Tenant shall pay to Landlord an additional sum (Late Charge) equal to five percent (5) of the amount due. Furthermore, in the event any installment of guaranteed rental, or any other sum payable by Tenant to Landlord under the provisions of this Lease is not received within ten (10) days after its due date for any reason whatsoever, it is agreed that the amount thus due shall bear interest at the maximum contractual rate which legally could be charged under the laws of the State of Texas in the event of a loan of such rental or other sum to Tenant (but in no event to exceed 1 Y2% per month), such interest to accrue continuously on any unpaid balance due to Landlord by Tenant during the period commencing with the aforesaid due date and terminating with the date on which Tenant makes full payment of such amounts to Landlord. Any such interest shall be payable as additional rent hereunder, and shall be payable immediately on demand. In addition to any other charges permitted herein, if Tenant makes a payment to Landlord by check and said check is returned to Landlord by Tenant and is bank marked NSF (Not Sufficient Funds), then an additional charge of $24.00 per check shall be paid by Tenant to Landlord. Section 23.14. No Warranties/Covenants of Performance. It is expressly stipulated and agreed that none of the obligations to be undertaken hereunder by Landlord shall constitute any form of a warranty, express or implied, all such obligations being contractual covenants of performance. Without limiting the generality of the foregoing, THERE IS NO WARRANTY OF SUITABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE GIVEN IN CONNECTION WITH THE LEASE. The herein provision disclaiming warranties, express and implied, and the provisions hereof under which Tenant assumes responsibility for repairs under Section 7.2 hereof, are provisions bargained for by the parties in entering into this Lease. Warranties undertaken by the Landlord hereunder or where the Landlord undertakes to perform repairs beyond that contemplated hereunder, the economics of the Lease would have been affected and would have required an increase in rent from that payable hereunder. Section 23.15. Entire Agreement. This Lease contains the entire agreement between the parties, and no agreement shall be effective to change, modify or terminate this Lease in whole or in part unless such is in writing and duly signed by the Party against whom enforcement of such change, modification or termination is sought. Landlord and Tenant hereby acknowledge that they are not relying on any representation or promise of the other, except as may be expressly set forth in this Lease. Section 23.16. Authority of Landlord's Agents. Landlord's agents do not and will not have authority to (a) make exceptions, changes or amendments to this lease or factual representations not expressly contained in this lease, (b) waive any right, requirement, or provision ofthis lease, or (c) release Tenant from all or part ofthis lease, unless such action is in writing and executed by Landlord. INITIAL~